Scope of family law practice

Family law in India is a patchwork of statutes that turn on the religion of the parties — the Hindu Marriage Act, 1955; the Hindu Adoptions and Maintenance Act, 1956; the Hindu Minority and Guardianship Act, 1956; the Hindu Succession Act, 1956 (with the 2005 amendment); the Special Marriage Act, 1954; the Indian Divorce Act, 1869; the Dissolution of Muslim Marriages Act, 1939; the Muslim Women (Protection of Rights on Marriage) Act, 2019; and the cross-cutting Protection of Women from Domestic Violence Act, 2005 and Section 144 BNSS (earlier 125 CrPC).

Mediation-first approach

The Family Court Kota and the Mediation Centre operate hand-in-glove. We invariably attempt structured mediation before contested filings — covering money, custody, residence, stridhan, taxes and even ongoing relationships with extended family. Mediation reduces cost, time and the emotional toll on children; even where mediation does not produce a full settlement, partial agreements narrow the issues for trial.

Issues we routinely handle

Contested divorce on cruelty / desertion grounds; mutual consent divorce; restitution of conjugal rights and judicial separation; maintenance pendente lite under Section 24 HMA and final under Section 25; permanent alimony; stridhan recovery; child custody and visitation; adoption petitions before the District Judge; guardianship for minors and disabled adults; succession certificates; family settlements between siblings; domestic violence under the PWDV Act, 2005; and 498-A / Section 85–86 BNS defence.

Recent developments you should know

Triple talaq is now a criminal offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019. The Supreme Court in Indra Sarma v. VKV Sarma (2013) and Shilpa Shailesh (2023) on “irretrievable breakdown”, and in Rajnesh v. Neha (2021) on maintenance affidavits, have reshaped family practice. The Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology Act, 2021 add new dimensions to parenthood disputes.

Confidentiality and ethical practice

Family-court proceedings are in-camera under Section 11 of the Family Courts Act, 1984. We routinely use sealed-cover filings for medical and financial sensitive material. Communication with clients is on encrypted channels; physical files are stored under lock. Engagement letters carry an express duty of confidentiality that survives termination of the mandate.